DOL Opinion Letter FMLA2026-2: Yes, Travel Time to Medical Appointments Can Count as FMLA Leave

Hey Bosses!

If you’ve ever had an employee say, “My appointment is only 45 minutes, but I’ll be gone half the day,” this new guidance is for you.

On January 5, 2026, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued Opinion Letter FMLA2026-2, clarifying two big questions:

1. Can employees use FMLA for travel time to/from medical appointments?

2. Does the medical certification have to estimate travel time for it to be valid?

Spoiler: Travel time can be FMLA-protected—and certification doesn’t need to include a travel-time estimate.

What the DOL said (the headline rules)

1) Travel time to/from a covered medical appointment can be FMLA leave

WHD states that when an eligible employee travels to or from a provider for an appointment related to a serious health condition, the employee may take FMLA leave for both the appointment and the travel time.

This applies to:

• The employee’s own serious health condition

• Travel related to caring for a qualifying family member, including transporting them to appointments

WHD’s logic: travel may be “part and parcel” of obtaining treatment.

2) The medical certification does not need to include travel time

Even if the certification confirms the need for the appointment (frequency/duration of treatment) but says nothing about travel, WHD says the certification can still be complete and sufficient—because providers typically don’t know the employee’s travel specifics.

3) “Related travel” is protected; “errands and extras” are not

The DOL draws a bright line: FMLA doesn’t protect detours or stops for unrelated activities (library, grocery store, etc.).

The examples employers should pay attention to

WHD included practical scenarios you can basically turn into manager training slides:

• Dialysis at 4:00 p.m.: travel time + any time that overlaps the workday counts.

• Employee taking a parent to appointments: travel, waiting, and assisting can be covered; the duration may vary.

• Physical therapy + personal stops after: therapy time is covered, but personal errands aren’t.

Key takeaways for employers

Takeaway 1: Update your “appointment leave” mindset

If your current practice is “we’ll approve the appointment but not the drive time,” this opinion letter is a strong signal that approach is risky when the travel is reasonably tied to the treatment.

Takeaway 2: Don’t overreach on certification requirements

You can require a valid certification to support the FMLA need, but you shouldn’t deny travel-time FMLA just because the provider didn’t quantify commute minutes.

Takeaway 3: Abuse prevention is still allowed (and expected)

This letter is not a free pass for an “all-day FMLA adventure.” Unrelated stops aren’t protected, and you can still enforce attendance rules for non-FMLA time.

Takeaway 4: Expect more intermittent leave “math” disputes

Intermittent FMLA is where timekeeping goes to get messy. This guidance will likely increase:

• disputes about how much time is “reasonable” for travel

• inconsistent manager approvals

• payroll/HRIS tracking errors

(And nobody wants an audit trail that looks like a toddler did it with crayons.)

Next steps: a practical employer action plan

1) Tighten your FMLA policy language (without being harsh)

Add or clarify that:

• FMLA intermittent leave may include necessary travel time for covered treatment

• FMLA does not cover time for unrelated personal activities during the leave window

2) Create a simple “expected time away” process

You don’t need the doctor to estimate travel time, but you can ask the employee to provide:

• appointment time/location (as available)

• anticipated travel time (employee estimate)

• planned return-to-work time

This helps you staff the day and reduces surprises.

3) Standardize timekeeping rules for intermittent FMLA

Make sure HR + payroll are aligned on:

• the increment you track leave in (and applying it consistently)

• how to record partial-day absences that include travel

• when paid leave substitution applies (per your policy)

4) Train managers with 3 “golden rules”

Give managers a short script:

1. “Approve covered time, including necessary travel.”

2. “Don’t demand medical details beyond what the law allows.”

3. “If you suspect misuse, document facts and loop in HR—don’t freelance it.”

5) Use recertification and pattern review (when appropriate)

If leave timing/patterns change significantly, talk with counsel about:

• recertification timing

• asking for clarification through proper channels

• consistent enforcement of call-in procedures

FMLA intermittent leave isn’t just the appointment anymore—reasonable travel time can count, too. But employers still have room to manage operations and address misuse, because detours aren’t protected.